Featured Issue: U.S. Immigration Courts under Trump 2.0
The U.S. immigration court system plays a critical role in upholding due process and ensuring fair hearings for individuals facing deportation. However, since January 20, 2025, the Department of Justice (DOJ) has implemented significant changes that challenge the structural integrity of these courts. This page aims to provide up-to-date information on the policy and legal shifts affecting the U.S. immigration court system.
Latest Updates
Updates from EOIR
Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
CA7 Remands Withholding Claim for BIA to Determine if Forcible IUD Insertions Amount to Persecution
The Court overturned BIA’s ruling that Petitioner’s testimony lacked sufficient detail to meet her burden of proof for withholding of removal. The Court, however, remanded to the Board the issue of whether forcible IUD insertions amount to persecution. (Zheng v. Gonzalez, 5/24/05)
CA9 Finds Negligent Manslaughter is Not a Crime of Violence
Applying the Supreme Court's rationale in Leocal v. Ashcroft, CA9 found that a CA conviction for gross vehicular manslaughter while intoxicated was not a crime of violence because the statute does not require active use of force to inflict injury. (Lara-Cazares v. Gonzales, 5/23/05)
EOIR Memo on Security Guidelines in Detention Facilities
EOIR memorandum 05-04, titled Security Guidelines in Detention Facilities, with policies and procedures for all detention facilities including DHS and Bureau of Prison detention facilities, as well as state and county detention facilities.
INA § 242 As Amended by REAL ID Act
This document is an unofficial red-line version of INA § 242, which governs judicial review of orders of removal, as amended by the REAL ID Act.
CA3 Finds that Continuous Physical Presence Clock Can Restart
The court held that an individual who lawfully reentered the U.S. after committing a crime that renders him or her inadmissible may begin to accrue continuous physical presence for cancellation of removal. (Okeke v. Gonzales, 5/18/05)
CA8 Holds that Filing a Timely Motion to Reopen and Stay Request Tolls the Voluntary Departure Period
Where a person files a motion to reopen and request for a stay of removal or voluntary departure prior to the expiration of the voluntary departure period, the court held that the departure period is tolled while the BIA is adjudicating the motion. (Sidikhouya v. Gonzales, 5/17/05)
CA1 Upholds Adverse Credibility Where Applicant Omitted Physical Abuse
The court found that the omission of two significant incidents of abuse and torture by a Palestinian from Lebanon in his asylum application and testimony to an asylum officer supported the IJ’s finding that he was not credible. (Sharari v. Gonzales, 5/16/05)
CA9 Reverses CAT Denial and Reiterates Test for Determining “Acquiescence” of a Public Official
CA9 rejected the Matter of S-V- test of acquiescence and reiterated that the test in CA9 is that Petitioners “need only prove that the government is aware of the third party’s tortuous conduct and does nothing to intervene to prevent it” for CAT claims. (Ochoa v. Gonzales, 5/16/05)
CA11 Finds It Has Jurisdiction to Review an Asylum Denial of a Visa Waiver Program (VWP) Applicant
The Court raised the issue of jurisdiction sua sponte and found that it had jurisdiction to review the asylum denial of a VWP applicant, even though BIA had not issued a removal order. The Court, however, upheld the asylum denial. (Nreka v. Gonzalez, 5/16/05)
CA9 Says Affirmative Misrepresentations of Immigration Consequences Can Constitute IAC
The court held that affirmative misrepresentations regarding immigration consequences of a conviction could constitute the basis of an ineffective assistance of counsel (IAC) claim. (U.S. v. Kwan, 5/12/05)
CA3 Overturns Negative Credibility Finding Against Chinese Pediatrician Who Exposed Infanticide
The court held that the IJ’s negative credibility finding was based on speculation and conjecture surrounding evidence including Petitioner’s distinction between infanticide and abortion, her contacts with a reporter, and the facts surrounding her escape. (Cao v. Gonzales, 5/12/05)
Text of the Public Law 109-13 (REAL ID Act)
Text of Public Law 109-13, ‘‘Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005’’ (H.R. 1268) which includes the REAL ID Act.
CA8 Upholds Negative Credibility Determination in Asylum Claim & Finds Willful Misrepresentation Sufficient to Deny AOS
CA8 upheld an adverse credibility finding for a Nigerian asylum applicant claiming religious persecution, as well as the determination that she was ineligible for adjustment of status because statements made in her asylum claim were willful misrepresentations. (Falaja v. Gonzalez, 5/11/05)
CA8 Upholds IJ’s Withholding and CAT Denial Based on Lack of Corroboration Applying Three-Part Test
The IJ denied Petitioner’s claims, finding that he was credible, but he had not reasonably explained his failure to obtain corroborating evidence. The Court upheld the decision finding that IJ had met the three-part test criteria. (Madjakpor v. Gonzales, 5/11/05)
U.S. Attorney Office Remand Recommendations
A 5/10/05 unsigned memo from Appellate Counsel, Office of the Principal Legal Advisor, ICE, to U.S. Attorney Offices outlining process for seeking ICE concurrence on recommendations to remand federal court immigration cases back to the Board of Immigration Appeals.
AILA/TSC Liaison Minutes (5/9/05)
Discussions with Texas Service Center included such topics as I-485 approval notices, fingerprinting, preservation of priority dates, EB-5 processing, F-1 documentation, error on advance parole documents, handling of applications for persons in proceedings, and more.
CA6 Reverses BIA’s Finding that Albanian Political Activists Failed to Establish Past Persecution
CA6 found that the determination that Petitioners did not suffer persecution was not supported by substantial evidence, finding that the harm, including physical abuse, verbal harassment, home searches, and death threats compelled a finding of past persecution. (Gilaj v. Gonzalez, 5/9/05)
BIA Reinstates Same Voluntary Departure Time Granted By IJ at End of Removal Proceedings
The BIA held that, absent reasons to do otherwise, where a respondent's asylum and withholding of removal appeals have been denied, it will reinstate the same voluntary departure period granted by the IJ at the end of removal proceedings. (Matter of A-M-, 5/9/05)
CA9 Remands VAWA Cancellation Case
The court found that the IJ’s credibility determination was skewed by his own stereotypical assumptions about domestic violence and further found that the IJ’s refusal to allow expert testimony to address those credibility concerns violated due process. (Lopez-Umanzor v. Gonzales, 5/6/05)
Alert: Restrictions on Judicial Review Imminent
The REAL ID Act, which seems likely to pass through Congress and the White House by next, contains a new set of severe limitations on judicial review. Find out how these new provisions will affect you and your clients.
CA3 Overturns BIA by Applying Mixed Motive Analysis
The court rejected the argument that the child had not met his burden of proof where the motivation for his arrest was based in part on a legitimate law enforcement purpose, noting that persecution need not be motivated solely by a protected ground. (Singh v. Gonzales, 5/5/05)
Summary and Analysis of the REAL ID Act of 2005
AILA’s summary and analysis of selected immigration provisions of the REAL ID Act (H.R. 418) contained in the Emergency Supplemental Appropriations Package (H.R. 1268) revised to reflect the information provided in the 5/3/05 conference report.
CA9 Claims Jurisdiction to Examine Circumstances Causing Late Filing of Asylum Claim When IJ & BIA Fail to Do So
CA9 found that the IJ and BIA had failed to address Petitioner’s argument that his failure to file within one year was due to extraordinary circumstances remanded. It also overturned the IJ’s ruling that Petitioner was targeted for purely personal reasons. (Sagaydak v. Gonzales, 5/4/05)
BIA on Eligibility for Custody Redetermination
The BIA held that certain individuals screened for expedited removal and then placed in removal proceedings following a positive credible fear ruling are eligible for a custody redetermination hearing before an IJ. (Matter of X-K-, 5/4/05)
CA4 Finds Insertion of an IUD and a Fine Not Persecution
CA4 found insertion of an IUD did not constitute persecution where Petitioner never had the IUD removed and had a child unharmed in China despite nonpayment of a substantial fine. It also found that the fine imposed did not constitute a threat to life or liberty. (Li v. Gonzales, 5/2/05)